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How Orwellian Is “Student Conduct Software”?

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James A. Bacon
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by James A. Bacon

More than 1,300 educational institutions across the country use software developed by Charlottesville-based Maxient, which bills itself as the “industry leader” and “most trusted provider for incident reporting and behavior records management.” Clients include most of Virginia’s public institutions of higher education.

The recent revelation in The CollegeFix and Wall Street Journal that the nation’s universities maintain consolidated files on student “behavior” is troubling to many, conjuring images of “Big Brother” college administrators compiling dossiers on students who commit microaggressions or otherwise transgress woke codes on speech and behavior.

While it is clear (1) that most colleges have developed the capability to build such dossiers and (2) that many have integrated them with their “bias reporting” systems, concrete incidents of abuse have yet to surface. The fact is, little is known about how the software is being used. Only now are questions being asked.

The Cadet, the independent student newspaper at the Virginia Military Institute, has taken an important first step in finding out. The Cadet submitted Freedom of Information Act requests to all public universities to determine how Maxient is being used. Some institutions — Longwood University and Mary Washington University — were particularly forthcoming. Some were not. Virginia Commonwealth University refused to hand over any documents or answer any questions, referring The Cadet to the university’s website.

The Longwood and Mary Washington responses to The Cadet FOIA show the kinds of incidents that at least two public universities are putting into their “student conduct” databases.

Longwood logs data relating to Honor Code charges, Code of Conduct charges, and “Care Team” data. Examples of the kind of conduct and behavior included are:

  • Hazing
  • Computer misuse
  • Alcohol use
  • Mistreatment of persons
  • Bizarre/disjointed thoughts
  • Depressed/persistent sadness and crying
  • Physical attacks and sexual assaults
  • Disruptive classroom behavior
  • Disturbing written material/class discussion
  • Inappropriate display of anger/negative emotions
  • Intimidation

Among other categories of information, Mary Washington’s system incorporates:

  • Incidents reported by Residence Life staff
  • Concerns related to COVID
  • Honor Code violation forms

Mary Washington indicated that the university has had an average of 13 bias incident reports per academic semester since 2022.

Responding to The Cadet, Maxient co-founder Aaron Hark likened the software platform to “a really nice digital filing cabinet that’s perfect for holding the kinds of records most schools manage.” The institutions themselves, not Maxient, decide what kind of information goes into their digital filing cabinets, he added. In other words, the use of Maxient software varies from institution to institution.

VMI spokesman Bill Wyatt acknowledged that Maxient software is being used by the Institute’s Title IX staff, which enforces federal regulations regarding discrimination based on sex, sexual orientation, and race.

“VMI’s Title IX staff is still learning how to use the system. Once it is fully operational Maxient is designed to help VMI’s Title IX office provide the most responsive care to cadets who are going through the Title IX process,” said Wyatt. “Someone who is not a Title IX officer would not be able to access case information about a Title IX complaint.”

Maxient is fully compliant with all state and federal privacy laws, Wyatt said. VMI staff and faculty who deal with student records receive training on the federal Family Educational Rights and Privacy Act.

The Institute’s General Order Number 16, dating to September 2022, forbids discrimination or harassment based on race, sex, sexual orientation, color, religion, age or national origin. A hostile environment, according to the General Order, can be created by oral, written, graphic, or physical conduct. The General Order says any incident should be reported promptly.

Information regarding VMI’s “Silent Witness” reporting system is available online, Wyatt told The Cadet. Silent Witness allows members of the VMI community to report “crimes” such as assault, drugs, fraud, theft and vandalism. Witnesses are invited to submit the suspect’s name, if known.

The Cadet raises the issue that anonymous charges can be lodged in the Maxient database and become a permanent part of a student’s record without his or her knowledge. The newspaper enumerates 25 detailed questions that it has posed to VMI and other Virginia higher-ed institutions. You can read those questions here.

Students, parents, alumni and other stakeholders should insist upon full transparency at their university, especially if it has a bias reporting system that allows individuals to file complaints anonymously. Every public university in Virginia has such a reporting system.

College of William & Mary: Harassment, Bias and Hate Incidents

Christopher Newport University: Title IX reporting

George Mason University: Bias Incident Report

James Madison University: Not @ JMU

Longwood University: Say Something

Mary Washington University: Bias Incident Reporting

Norfolk State University: Report an Incident of Intolerance/Bias

Old Dominion University: See Something. Say Something. Do Something. 

Radford University: Report It

University of Virginia: Just Report It

University of Virginia-Wise: Be Wise, Report It

Virginia Commonwealth University: Incident Reporting Form

Virginia State University: File or Report a Concern

Virginia Tech: Online Complaint form

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29 responses to “How Orwellian Is “Student Conduct Software”?”

  1. Dick Hall-Sizemore Avatar
    Dick Hall-Sizemore

    Two immediate reactions:
    1. These compilations could be of great assistance to the threat assessment teams that you advocated be strengthened.
    2. The alumni newspaper seems really concerned about anonymous complaints. While anonymity can be abused, it is not uncommon with such reporting systems. The Governor’s “tip line” accepted anonymous complaints. One can file an anonymous complaint against a doctor with the Virginia Board of Medicine (however, the doctor is informed of the complaint filed).

    1. James A. Bacon Avatar
      James A. Bacon

      “These compilations could be of great assistance to the threat assessment teams that you advocated be strengthened.”

      That is a valid point. I wonder what the investigation into UVa’s triple shooting last fall will reveal about the administration’s state of knowledge about the shooter.

    2. James A. Bacon Avatar
      James A. Bacon

      “The Governor’s “tip line” accepted anonymous complaints.”

      That’s true. The tip line was widely excoriated and the Governor took it down.

      I don’t see the people who ridiculed the governor’s tip line also mocking the universities’ “tip lines.” Purdy’s response above is not surprising. He is a predictable apologist for the woke. But the more institutions like VCU resist transparency, the more I’m inclined to believe they have something to hide. Given its recent dismal performance upholding free speech, VCU has given the greatest cause for people to suspect the worst.

      Still, the fixation on Maxient may be a tempest in a teapot. While the potential for abuse exists, I have yet to see evidence that the “student conduct” files in actuality have been abused.

      That may reflect a simple lack of looking. I am distrustful enough of college administrators to dig deeper. At the same time, I’m not prepared to condemn universities for something I fear might be happening but have not proven to be the case.

      1. M. Purdy Avatar
        M. Purdy

        “Purdy’s response above is not surprising. He is a predictable apologist for the woke.” In other words, you got nothing because you didn’t go to VMI (but have a lot of opinions about the place) and can’t refute a single thing I said. Predictable indeed.

        1. Jake Spivey Avatar
          Jake Spivey

          I’m a grad. I can refute (& have) when it’s needed.

      2. Eric the half a troll Avatar
        Eric the half a troll

        “I don’t see the people who ridiculed the governor’s tip line also mocking the universities’ “tip lines.””

        Quite different in a system where the justice system is student-run and enforced. Youngkin essentially deputized rightwing activists to enforce justice in our schools. Further, I think the issue with his tip-line was his claim that it was not subject to FOIA… there is some irony for you, eh…

        1. WayneS Avatar
          WayneS

          Several of the items on Longwood’s list of “behaviors” are not things that can or should be handled by a student-run justice system. For instance:

          Bizarre/disjointed thoughts

          Depressed/persistent sadness and crying

          Disturbing written material/class discussion

        2. WayneS Avatar
          WayneS

          Several of the items on Longwood’s list of “behaviors” are not things that can or should be handled by a student-run justice system. For instance:

          Bizarre/disjointed thoughts

          Depressed/persistent sadness and crying

          Disturbing written material/class discussion

        3. WayneS Avatar
          WayneS

          Several of the items on Longwood’s list of “behaviors” are not things that can or should be handled by a student-run justice system. For instance:

          Bizarre/disjointed thoughts

          Depressed/persistent sadness and crying

          Disturbing written material/class discussion

          1. Lefty665 Avatar
            Lefty665

            Hope they’ve got a good referral link to the mental health folks.

  2. M. Purdy Avatar
    M. Purdy

    There is some irony in VMI’s unofficial newspaper reporting about Orwellian practices. If folks don’t know, there is an honor court at VMI that has the power to expel students who are found guilty of “honor violations,” which as it turns out is a rather elaborate set of rules that you don’t break as a cadet. The court conducts all of its investigations and trials secretly, which isn’t exactly a model of transparency. So I doubt it’s the Orwellian nature of this particular software that so bothers newspaper, given that the honor court is a foundational institution at the school. It’s more likely that it’s the use of the software to report racism and sexism that so irritates the staff and the newspaper’s activist alumni sponsor (who is currently suing the school for something or another). That alumni sponsor has been on a crusade to deny that racism or sexism were ever tolerated at the school since the various stories broke about VMI, which of course isn’t true. So **something** tells me there’s an unspoken angle here and that this story–and anything from The Cadet–should not be taken at face value. Use your head, dear reader.

    1. Jake Spivey Avatar
      Jake Spivey

      Oh come on! The “rules” are not elaborate, they are 4 simple statements. Yes, the investigations are done quietly and you know and understand why.
      I wonder if The Cadet newspaper’s recent success is also attributable to your “activist” fellow alumnus? Or maybe the staff of The Cadet is composed of smart, inquiring, independent college students who don’t need or have time for any alumnus instructing them.
      ** The Cadet shines with SEVEN Virginia Press Association Journalism Awards
      Following its success winning 1st place winner in the Virginia Press Association’s 2021 VPA News & Advertising Contest Feature Series and Continuing Story Category, The Cadet took this year’s 2022 VPA competition by storm winning an impressive seven awards in six categories. This was a competition against all professional newspapers in the same category throughout the state of Virginia, well beyond the level of competitions normally entered by college newspapers. Follow the link in our Instagram profile or the direct link at: https://cadetnewspaper.com/news/518/the-cadet-shines-with-multiple-virginia-press-association-journalism-awards/ **

      1. M. Purdy Avatar
        M. Purdy

        Jake, the Code is simple for sure, but the system does consist of elaborate rules, including things like status checks, certifications, self-boning, etc. That’s part of VMI and it’s not going to change; not making a judgment about that here. Jim Bacon this morning stated on the radio that if this software is encouraging kids to squeal on each other, that can be dangerous and Orwellian. Well, if that’s the definition of Orwellian (and it is a big part of 1984) maybe the software is small potatoes.

        I’m sure that the kids who work for the paper are well-meaning and hard-working. But the paper and its foundation have a clear agenda.

  3. walter smith Avatar
    walter smith

    It all depends on whose ox is being gored, doesn’t it?
    Lefties were apoplectic about a Youngkin line for reporting teachers/CRT, but A-OK with what could be a surveillance system of students. Quis custodiet custodes?
    The UVA threat assessment criticisms were over the incredibly bureaucratized “team.” Why did it need a DEI monitor? And did UVA blow it? I bet it did.
    Anonymity is also a problem. Charging someone without allowing a defense is un-American. And people abuse the anonymity to file bogus complaints to put political “enemies” through process Hell.

    1. Eric the half a troll Avatar
      Eric the half a troll

      “Lefties were apoplectic about a Youngkin line for reporting teachers/CRT, but A-OK with what could be a surveillance system of students”

      We “lefties” did not write this article. The author, however, was silent on Youngkin’s anonymous tip-line. The onus for even-handed “reporting” lies with him. He failed in this case.

  4. DJRippert Avatar
    DJRippert

    This could be much ado about nothing or the start of a lookalike to the Chinese social credit system.

    Regarding the Chinese social credit system …

    “The exact methodology is a secret — but examples of infractions include bad driving, smoking in non-smoking zones, buying too many video games, and posting fake news online, specifically about terrorist attacks or airport security.

    Other potential punishable offenses include spending too long playing video games, wasting money on frivolous purchases, and posting on social media.”

    https://www.businessinsider.com/china-social-credit-system-punishments-and-rewards-explained-2018-4

  5. M. Purdy Avatar
    M. Purdy

    JAB, a few questions on your radio interview this AM. Can you clarify whether you think sexual harassment is a ‘woke offense’? I don’t think you meant that, but can you clarify. You mentioned that you don’t like student regimes that promote “squealing on each other,” which I 100% agree with, but are you aware that VMI’s honor code *requires and promotes* students squealing on each other? Again, I think your complaints make a whole lot more sense outside of the VMI context. Finally, I do think you raise a number of good issues on heading off an Orwellian type of misuse of the software. But given other current major news stories having to do with business defamation, have you had occasion to reach out to the company itself and get an explanation?

    1. James A. Bacon Avatar
      James A. Bacon

      Under the rubric of “sexual harassment,” there are a lot of words and actions that a broad social consensus would agree constitutes harassment. Groping a woman’s p***y, as our former president bragged he could do, would almost unanimously be interpreted as harassment. But wokesters have stretched the meaning of “harassment” to actions that many would consider simply inappropriate or barely worth mentioning. Anyone can file an anonymous charge. The question is what is done with these charges once adjudicated.

      Maybe it would be helpful to imagine how these software platforms could be used if your ideological enemies controlled them. What if anonymous posters accused someone of violating their rights to free speech if they showed up at a protest like the one that occurred last week at VCU? Is that something that should go on a student’s permanent record? If they violated the law, maybe so. But what if they were just waving a placard?

      1. M. Purdy Avatar
        M. Purdy

        Oh, I agree that the software could be a serious problem if someone misuses them for political purposes, blackmail, etc. But my guess is that the company has its own views about best practices and legal compliance, and what constitutes a “permanent record.” In what ways are these charges permanent? Can this software be used to prevent the type of tragedy we had in Charlottesville last year, and if so, is there a responsible way to employ it? And if The Cadet is concerned about possible software abuse at VMI, they’re oddly indifferent to the various ways that the existing power structure can and has been abused at VMI.

        1. Jake Spivey Avatar
          Jake Spivey

          In re: “…the company has its own views about best practices and legal compliance, and what constitutes a “permanent record.” No. The company stated it let’s the universities decide. Maxient created the software to make abuck and turn a profit. The last thing they, or their attorneys, are going to say is “don’t do this with our software.”
          That would put them on the hook when the inevitable misuse by state U comes along.
          And!, I agree with you. There was and continues to be, way to much misuse of power at VMI. Currently by the Commandant’s staff (IMO), but bad behavior is a personality issue that waxes and wanes based on who is in the positions of authority.

          1. M. Purdy Avatar
            M. Purdy

            Most tech companies (perhaps all) have a terms of use and an acceptable use policy. They are in the business of making $$, but they’re not in the business of violating laws or exposing themselves to liability.

  6. WayneS Avatar
    WayneS

    A couple of questions I have which will go a long way towards determining whether I could support a “behavioral” database are:

    1) Is the student against whom a conduct/behavior claim has been filed notified of the claim?

    2) Is the claim included in a student’s “conduct file” or are only adjudicated incidents of actual conduct/behavior included in a student’s “conduct file”?

    As far as I am concerned, the answer to the first question needs to be “yes”, and the answer to the second question needs to be “only adjudicated incidents in which a student’s conduct/behavior has been determined to have occurred are included in a student’s “conduct file”.

    1. Matt Adams Avatar
      Matt Adams

      Exactly, we don’t need anymore “no fly” lists.

  7. James A. Bacon Avatar
    James A. Bacon

    VMI spokesman Bill Wyatt communicated this message regarding VMI’s Silent Witness program:

    VMI’s Silent Witness website is not a “bias reporting system.” For many years (long before anyone was talking about bias in higher education), it is and has been a system for individuals to anonymously report details of an alleged crime. Reports are routed only to the VMI Police Department for investigation into whether a crime was committed not whether someone got their feelings hurt or whether a cadet was out of uniform or where they were not authorized to be. Silent Witness reports do not go to some bias response team as some of the sites you list do and as you’d like your readers to believe. For the record, VMI’s police department is a fully accredited law enforcement agency by the Virginia Law Enforcement Professional Standards Commission.

    For the record, I did not include VMI in the list of institutions that maintain a Bias Reporting System. — JAB

  8. James A. Bacon Avatar
    James A. Bacon

    VMI spokesman Bill Wyatt communicated this message regarding VMI’s Silent Witness program:

    VMI’s Silent Witness website is not a “bias reporting system.” For many years (long before anyone was talking about bias in higher education), it is and has been a system for individuals to anonymously report details of an alleged crime. Reports are routed only to the VMI Police Department for investigation into whether a crime was committed not whether someone got their feelings hurt or whether a cadet was out of uniform or where they were not authorized to be. Silent Witness reports do not go to some bias response team as some of the sites you list do and as you’d like your readers to believe. For the record, VMI’s police department is a fully accredited law enforcement agency by the Virginia Law Enforcement Professional Standards Commission.

    For the record, I did not include VMI in the list of institutions that maintain a Bias Reporting System. — JAB

    1. WayneS Avatar
      WayneS

      While you did not include VMI on your list of links, you did write: Students, parents, alumni and other stakeholders should insist upon full transparency at their university, especially if it has a bias reporting system that allows individuals to file complaints anonymously. Every public university in Virginia has such a reporting system.

      1. M. Purdy Avatar
        M. Purdy

        And he cited the concerns of The Cadet, which is a self-styled VMI newspaper.

      2. James A. Bacon Avatar
        James A. Bacon

        Er… yes, I did. I stand corrected.

        1. WayneS Avatar
          WayneS

          No worries. You’ve probably been wrong fewer times today that I have.

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